Government targets 'negligent' officials !!!

 

 

Deputy Prime Minister Wissanu Krea-ngam said the government
is targeting negligent officials involved in the controversial
rice-pledging scheme, but denied authorities had branded it
"an illegitimate policy". He was referring to the government's
move to claim compensation from former prime minister
Yingluck Shinawatra for the losses caused by the scheme
 initiated by her administration.

 The government is using an administrative order to seek

compensation in compliance with the 1996 Act on Liability

 for Wrongful Acts of Officials, rather than making

 a civil claim.

 Mr Wissanu said the government wanted compensation

due to severe acts of negligence committed during the

 scheme in accordance with the National Anti-Corruption

 Commission's investigation, and not because the scheme

 was illegal or corrupt.

He said the government will consider whether the former

 premier made critical, careless acts which resulted in losses,

 and that the Finance Ministry-installed fact-finding panel

was looking into the loss amount.

 The alleged fraud in connection with the scheme will be

considered in a separate case, he said.

In her recent open letter to Prime Minister Prayut Chan-o-cha,

 Ms Yingluck said the rice-subsidy programme was a public

 policy that was declared to parliament and the

 implementation of the scheme was a compulsory

 administrative act.

The scheme legally bound all related government departments

 to undertake its execution and therefore, the claim process

 must be transparent and fair, Ms Yingluck said.

She said Gen Prayut's legal adviser had tried to "misinterpret

 the law and legal mechanism" to claim damages by issuing

 the administrative order, forcing her to pay for damages

 and to seize her assets which was not transparent or fair.

Ms Yingluck's lawyer earlier said it was still unclear whether

 the act could be used against a prime minister, who normally

 is in charge of policy, while the administrative order is

 mainly enforced for officials who put a policy into practice.

 Mr Wissanu said the act covers both civil servants and

politicians, and applies to all state officials, including committee

 members of state agencies. It also stipulates how to deal

 with ministers or premiers who commit offences, he added.

 He said the prime minister did not need to sign the

 administrative order himself. "This is clear from the law,

 and not an attempt to protect the prime minister," he said.

 

News, Politics,Bangkok Post, 15 October 2015.

 

I think the idea of using an administrative order to seek

 compensation in compliance with the 1996 Act on

 Liability for Wrongful Acts of Officials,has a good point

that although Ms Yingluk found guilty of corruption

from the court or not ,she can not avoid her responsibily

in charge of the Prime Minister position that should

accountable for the huge loss from the rice pledge scheme

that occurred and there should have some authorities

whether at what level responsible for the loss.

 

Sincerely Yours.